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1. The defendant shall be 57.6 million won as the warranty bond for the new construction of the building on the ground B in Busan-gun.
Reasons
1. The fact that the Plaintiff’s basic facts was performing the construction of the Defendant’s factory building (hereinafter “instant building”) from July 2014 to Busan-gun, Busan-gun and approved for use on January 27, 2015 does not conflict between the parties, or that the evidence Nos. 2 and 3 and the witness C’s testimony may be acknowledged by taking into account the overall purport of the pleadings.
2. The assertion and judgment
A. On July 14, 2014, Plaintiff was awarded a contract for the new construction of the instant building with the Defendant for KRW 1.65 billion (including value-added tax; hereinafter the same shall apply). At the Defendant’s request, the Plaintiff agreed to pay KRW 32,300,000,000 in the course of performing the additional construction at the Defendant’s request. The Defendant paid to the Plaintiff KRW 1.975,23 million (= KRW 1.650,000,000, KRW 32,300,000), out of the total price of KRW 1.85,00,000,000,000,000 among the total price of KRW 1.22,300,000,000,000,000, the remainder is obligated to pay damages for delay.
(2) Defendant (A) ordered the construction work of the building of this case to C, who is the designer of the building of this case, and the Plaintiff merely subcontracted the construction work of this case to C, and the Defendant is not obligated to pay the Plaintiff the construction cost of the building of this case.
(B) On February 14, 2015, the Defendant agreed with C to pay any balance of KRW 350 million for the new construction of the instant building (including the additional construction). On February 17, 2015, the Defendant wired the remainder of KRW 300 million to the Plaintiff’s deposit account designated by C, and reserved the remainder of KRW 50 million for the security of defect repair and finishing works. However, there is no obligation to pay the remainder of KRW 50 million until the submission of the warranty bond or the warranty bond.
B. (1) Determination as to the cause of the claim (a) the following facts do not conflict between the parties, or are all pleadings in Gap evidence Nos. 2, 3, 6-12 (including the serial number; hereinafter the same shall apply) and Eul evidence No. 8.